By: Hall S.B. No. 977
A BILL TO BE ENTITLED
AN ACT
relating to defenses to prosecution for certain offenses involving
material or conduct that may be obscene or is otherwise harmful to
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.24, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-2) to read as
follows:
(c) It is not a [an affirmative] defense to prosecution
under this section that the sale, distribution, or exhibition was
by a person having scientific, education, governmental, or other
similar justification.
(c-2) It is a defense to prosecution under Subsection (b)(1)
or (2) that at the time of the offense the actor was a law
enforcement officer discharging the officer's official duties.
SECTION 2. Section 43.25(f), Penal Code, is amended to read
as follows:
(f) It is an affirmative defense to a prosecution under this
section that:
(1) the defendant was the spouse of the child at the
time of the offense;
(2) the conduct was for a bona fide [educational,
medical, psychological, psychiatric, judicial,]law enforcement[,
or legislative] purpose; or
(3) the defendant is not more than two years older than
the child.
SECTION 3. The change in law made by this Act applies only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before the date.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.